Top nuclear commander would resist 'illegal' nuclear strike order

By

Daniel Uria

Commander of the U.S. Strategic Command Air Force General John Hyten said he would resist a nuclear strike command from the president if he believed the oder was unlawful. Photo by Yonhap South Korea/EPA

Nov. 19 (UPI) -- The top U.S. nuclear commander said Saturday he would resist a nuclear strike order if he determined the action to be illegal.

"I provide advice to the president, he will tell me what to do," Hyten said. "And if it's illegal, guess what's going to happen? I'm going to say, 'Mr. President, that's illegal.' And guess what he's going to do? He's going to say, 'What would be legal?' And we'll come up with options, with a mix of capabilities to respond to whatever the situation is, and that's the way it works. It's not that complicated."

Hyten's statement comes after former U.S. Strategic Command commander Robert Kehler testified before Congress as it debated the sole authority of a U.S. president to order a nuclear strike for the first time in 40 years amid nuclear tensions with North Korea.

Kehler said he would consult with his own advisers if he was uncertain of the legality of a nuclear strike order, but said he didn't know what would happen next.

Hyten said he has received training every year for decades in the law of armed conflict which accounts for specific factors to determine legality such as necessity, distinction, proportionality, unnecessary suffering and more.

He added it is standard practice to run through scenarios on how to react to an unlawful order and that executing such a command would have legal ramifications.